STIPULATION AND [PROPOSED] ORDER REVISING CASE DEADLINES

AMENDED ORDER

VINCE CHHABRIA, District Judge.

STIPULATION

This Stipulation is made by and between Plaintiff BOARD OF TRUSTEES OF THE KEN LUSBY CLERKS & LUMBER HANDLERS PENSION FUND ("Plaintiff") and Defendants PIEDMONT LUMBER & MILL COMPANY, WILLIAM C. MYER, JR., and WENDY M. OLIVER, both in her individual capacity and as trustee to the Oliver Family Trust (collectively "Defendants"), with respect to the following facts:

WHEREAS, the Parties have present disputes regarding responses to various written discovery requests, resolution of which will be more likely achieved if the non-expert discovery deadline is continued for 60 days from the current deadline.

WHEREAS, the availability of third party witnesses has impacted the Parties' ability to complete depositions with sufficient time to provide the Parties an opportunity to propound additional discovery based on the third party's testimony.

WHEREAS, to accommodate additional time for the completion of fact discovery, the Parties believe that the other case deadlines occurring after the fact discovery deadline also should be continued.

NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFF AND DEFENDANTS AS FOLLOWS:

All deadlines contained in the Court's Second Amended Case Management Order and Reference to ADR Unit for Early Neutral Evaluation [Dkt. No. 33], that have not yet passed as of the date of this stipulation, shall be continued by sixty (60) days.

I attest that my firm has obtained Jackson Lewis PC's concurrence in the filing of this document.

[PROPOSED] ORDER:

Pursuant to the foregoing Stipulation, and good cause appearing, the Court hereby orders that the Court's Second Amended Case Management Order and Reference to ADR Unit for Early Neutral Evaluation [Dkt. No. 33] be amended so that the following future deadlines will now apply in this case: